Métodos y principios de interpretación constitucional. Un catálogo de problemas
The author analyzes in this Paper the most important questions about constitutional interpretation, on the basis of his previous theories on comparative Law as «the fifth method of juridical interpretation», the importance of the cultural context for constitutional interpretation and the open societ...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
Junta de Andalucía: Instituto Andaluz de Administración Pública
2010
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3411214 |
| Source: | Revista de derecho constitucional europeo, ISSN 1697-7890, Nº. 13, 2010, pags. 379-414 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The author analyzes in this Paper the most important questions about constitutional
interpretation, on the basis of his previous theories on comparative Law as «the fifth
method of juridical interpretation», the importance of the cultural context for constitutional
interpretation and the open society of constitutional interpreters, among
others. He highlights the nonexistence of a hierarchical ordination between the different
interpretation methods and the necessity of their combined use. He also defends
the unsuitability of being limited to a single method, keeping in mind the methodological
perspective of the Constitution of the pluralism. Constitutional interpretation
is understood as a process public and pluralistic. Regarding the constitutional
theory he stands out the special suitability of the constitutional theory to apply the
cultural science, because of its interest in the entirety of the juridical order. The author
analyzes the relationship between constitutional interpretation and other juridical
disciplines. Lastly, he poses the question of the principles of constitutional interpretation
and their limits. He concludes with some remarks about constitutional Law in
Spain. |
|---|